Filters
- A-5190-17T4 Opinionnjcourts.gov… motion judge issued an oral decision, finding no factual support for plaintiff's punitive damages claim. The judge … viewed in a light most favorable to plaintiff does not support "the likelihood of serious and imminent harm, much …
- A-5045-18T2 Opinionnjcourts.gov… 4:6-2. If a party presents matters outside the pleading to support a motion to dismiss for failure to state a claim, … when Walker submitted beyond-the-pleadings materials to support his dismissal motion. However, we shall not disturb …
- A-5889-17T4 Opinionnjcourts.gov… of a PCR is whether the judge's findings of fact were supported by sufficient credible evidence. State v. Nunez- … Here, we are convinced Judge Falcetano's findings are fully supported by the record. When petitioning for PCR, a …
- A-4207-16T3 Opinionnjcourts.gov… argued that the factual basis for her plea did not support a conviction for felony murder, but even if it did, … petition if the defendant presents a prima facie case in support of PCR, the court determines there are material …
- A-1527-17T4 Opinionnjcourts.gov… 2010, defendant filed a pro se speedy trial motion. In his supporting certification, defendant stated that during an … in not affording defendant a pretrial conference. In his supporting certification, defendant stated trial counsel …
- A-5256-16T2 Opinionnjcourts.gov… standard to the certifications and documents submitted in support of and in opposition to the motion for summary … Wells Fargo was not entitled to summary judgment. In support of its motion, Wells Fargo submitted documents …
- A-0870-17T2 Opinionnjcourts.gov… his father never choked him and never assaulted any of the children. He directly contradicted Roberta's testimony that … of Rhonda lacked credibility, and made no credibility determination for her brother. The judge concluded defendant … there was otherwise substantial credible evidence to support the judge's findings and conclusions. R.G., 449 N.J. …
- A-2538-17T3 Opinionnjcourts.gov… transitional living facility, whose purpose is to provide a supportive environment, that includes drug treatment for recovering individuals as 7 A-2538-17T3 well as support groups, employment assistance to assist a person in …
- A-1955-17T2 Opinionnjcourts.gov… There was sufficient credible evidence in the record to support the PCR court's findings. Moreover, Johnson … the issues could have been raised. There is no evidence to support defendant's claims. 10 A-1955-17T2 Post-conviction …
- A-2264-17T3 Opinionnjcourts.gov… precedents, we conclude that there is ample evidence supporting the trial court's findings of fact and … 1, 2017 order denying Heir's motion for reconsideration. In support of his motion, Heir, in effect, reiterated the …
- A-5479-16T3 Opinionnjcourts.gov… of a plea at the "lower range of one of the charges" supported the PCR court's finding that counsel "was … a claim for PCR, courts should not rely solely upon unsupported allegations that a defendant would have rejected a … (1973)); R. 3:22-4(b)(2)(C). Affirmed. 2 In light of our determination on the merits of defendant's PCR claim, we need …
- A-1659-18T2 Opinionnjcourts.gov… following facts are derived from the evidence presented in support of , in opposition to, and in reply to the motion … withhold summary judgment does not hinge upon a judge's determinations of the credibility of testimony rendered in … no "special deference" applies to a trial court's legal determinations). In order to prove a claim of negligence, a …
- A-5285-17T1 Opinionnjcourts.gov… he first had sought reemployment in that title. The HSCO supported appellant's request. The CSC approved appellant's … former positions retroactive to 2002. That contention is unsupported by the plain language of the statute. The statute … original sponsors of the amendment that would presumably support his interpretation, it should be noted that such a …
- A-5562-17T4 Opinionnjcourts.gov… for disregarding the diary before or during a final determination of the manner of death. Dr. Hua emphasized that … that side. But Dr. Hua believed that the pictures did not support the State's theory—that defendant had the victim in … amounted to ineffective assistance of counsel, which determination is further supported by trial counsel's failure …
- A-0583-17T2 Opinionnjcourts.gov… mailed a Notice of Assessment Related to Final Audit Determination ("assessment") via certified mail, return … fund taxes. On July 29, 2013, the Division issued a final determination confirming the finding of responsible person … produced by the Division of Taxation was sufficient to support their claim that the [p]laintiffs had been properly …
- A-4188-17T3 Opinionnjcourts.gov… concluded that plaintiffs did "not provide[] any proof to support [their contention that] the occurrence was not the … that "the proofs weighed in . . . plaintiffs' favor [and] support a finding that . . . defendant is liable under the …
- A-1154-18T1 Opinionnjcourts.gov… guilty as a second offender of DWI, based on its determination the State had proven beyond a reasonable doubt … the combination of the officers' testimony and the video supported the municipal court's findings. The judge imposed … to alter concurrent findings of facts and credibility determinations made by two lower courts absent a very obvious …
- A-0113-18T2 Opinionnjcourts.gov… that Daggett is not disqualified under RPC 1.8(k). In support of his argument, plaintiff submitted a certification … in criminal matters in Sussex County. A trial court's "determination of whether counsel should be disqualified is, as … See Supreme Court of N.J., Administrative 6 A-0113-18T2 Determinations in Response to the Report and Recommendation of …
- A-5432-17T2/A-0943-18T2 Opinionnjcourts.gov… MITIGATION OF DAMAGES TO THE FACTS SURROUNDING RESPONDENT'S SUPPORT OF RECEIVER'S AND THEIR JOINT ATTORNEYS' FAILURE AND … Bernardin) did not make sufficient findings of fact to support his decision as to the amount of the monthly …
- A-3668-17T1 Opinionnjcourts.gov… our present rules of practice, we suggest that, where the determination or enforcement of an attorney's lien is sought, … shall set forth the facts upon which he relies for the determination and enforcement of his alleged lien. The … its duty "to make findings of fact and to state reasons in support of [its] conclusions." Giarusso v. Giarusso, 455 …